This page contains important information on Trademarks and Copyrights, the Terms of Use for our Website, and a statement of Vayulogic’s Privacy Principles and Privacy Policy.

1) Trademarks and Copyrights.

All trademarks, brands and service marks used in conjunction with the website or Services by Vayulogic, Our merchant partners, or You, shall remain the property of Vayulogic, Our merchant partners, or their rightful owners, respectively. Vayulogic shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to Your personal use of the Services.

Vayulogic is a trademark of Vayulogic, Inc. in the U.S. and other countries. Amazon's Elastic Compute Cloud and Amazon EC2 are the trademarks, registered trademarks or trade dress of Amazon Web Services LLC and/or its affiliates in the U.S. and/or other countries.

Other names and brands may be claimed as the property of others. All Materials © 2009 by Vayulogic, Inc. All rights reserved.

2) Terms of Use for Vayulogic Website

Please read these Terms of Use ("Terms") carefully before using our Website. By accessing and using the Websites or any materials presented therein, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the Vayulogic Website or download any materials.

Scope of Terms

These Terms of Use are applicable to all portions of the Vayulogic website at www.vayulogic.com. These Terms also apply to any resources and materials obtained through or from the Vayulogic Website (“Site”). All such materials are covered by these Terms of Use will be referred to as the "Materials." Vayulogic may provide other or additional specific Terms of Service or Terms of Use.

Security and Privacy

Privacy of Personally Identifiable Information. This Website and Information submitted to Vayulogic through the Website or Materials is governed according to Vayulogic’s Privacy Principles and Privacy Policy.

User Accounts, Password, and Security: From time to time, Vayulogic may provide specific pages or activities on the site which require personal logins or accounts. In any such case, users may be required to create a member account or password. In each such case, you are entirely responsible for protecting the confidentiality of your password and account. Furthermore, you remain entirely responsible for any and all activities that occur under your account. You agree to notify Vayulogic immediately of any unauthorized use of your account or other breach of security related to the site. Vayulogic will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vayulogic or any other party due to someone else using your account or password. Users may only use their own personal accounts, and may not use another’s account at any time, without the express permission of the account owner.

Terms of Use

Personal Non-Commercial Use: This site is for personal, non-commercial use (except for those merchants and organizational clients who have separate agreements with Vayulogic and are provided with a secure log-in ID and password access to separate areas of this Website which may be used for commercial purposes). Unless otherwise specified or as provided in these Terms or as set forth in a separate agreement with Vayulogic, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.

No Unlawful or Prohibited Use: You agree that you will not use the Sites or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

• upload, post, email, transmit or otherwise make available any content that is unlawful harmful, threatening, abusive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• use the site or any Vayulogic Service or Materials to vex, annoy, stalk or otherwise harass or harm another, or to cause such person to be in fear of such conduct;
• impersonate any other person or entity while utilizing our website;
• modify, forge or manipulate any identifiers or others or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site or Materials;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to distribute or disclose (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
• upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• you may not use the Site in any manner that might damage, disable, overburden, or impair any other  Vayulogic’s
• you may not attempt to gain unauthorized access to any Site or Material, other accounts, computer systems or networks connected, through hacking, password mining or any other means or obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Site or Materials;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or

Exclusions of Warranty: The Materials and Site is provided by Vayulogic, Inc. and/or its worldwide direct or indirect subsidiaries and affiliates ("Vayulogic") as a service to its customers and are for informational purposes only.

User Expressly Understands and Agrees that:

• your use of the site and any materials therein is at your sole risk and that the services are provided "as is" and "as available" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.
• any material downloaded or otherwise obtained through the site is done at your own discretion and risk and you will be solely responsible for any resulting damages to other device or loss of data that results from the download of any such material.
• in no event shall Vayulogic or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the sites or materials, even if Vayulogic has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Limitation of Liability: You expressly understand and agree that Vayulogic and its licensors shall not be liable to you or any other party for:

• In no event shall Vayulogic and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of any software, documents, provision of or failure to provide services, or information available from the site.
• Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any content, or any changes made to the services, documents, site, content or for any permanent or temporary cessation in the provision of the site (or any features within the sites); or if applicable, your failure to keep your password or account details secure and confidential;
• These limitations on Vayulogic’s liability shall apply whether or not Vayulogic has been advised of or should have been aware of the possibility of any such losses.

Indemnification: You agree to indemnify and hold Vayulogic and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Sites or Materials, your use of the Site or Materials, your connection to the Site or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness: Vayulogic cannot warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site.

Changes and Updates: Vayulogic reserves the right to modify or discontinue, temporarily or permanently, the Sites or Materials (or any part thereof) with or without notice. Vayulogic may make changes to Sites or Materials, or to the products described therein, at any time without notice. There are no commitments to update the Sites or Materials.

3) Vayulogic Privacy Principles and Privacy Policy

Vayulogic is at the forefront of changing wireless communications and Internet technologies that are altering the way all of us live and interact in business as well as our personal lives. Part of those changes involve the collection and use of information about customers. The responsible use of that information can greatly assist companies to serve their customers better.

Vayulogic is a mobile marketing and messaging company whose services are entirely based on the prior permission of mobile users to receive messages (commonly called “opt-in”). We work hard to be fully compliant with all applicable privacy laws and regulations, of course, but that’s only the beginning. We go further, and want every mobile phone user to be confident and comfortable that with Vayulogic’s services, your privacy will not only be respected, but guarded. We want you, the consumer and user of our services, to be able to trust us to protect your privacy the way we protect our own. After all, we at Vayulogic also have private information, personal lives, families and children, and we use our services too. Our personal information is in the same databases as yours.

The following will describe our general privacy principles and our particular privacy policy. If you have questions, concerns, or comments on our privacy practices, please send us an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . U.S. callers can also phone us toll free at 866-673-5950, or you can write to us at: Privacy Protection Team, Vayulogic, Inc., P.O.Box 1638, Palo Alto, CA 94302-1638. We will promptly review your submission, and take appropriate action.

Privacy issues and concerns will continue to change and evolve, just as the technologies which collect and process information will. Our Privacy Principles will undoubtedly also need to change over time. We therefore reserve the right to change our Privacy Policy at any time, including updating our Principles when the law and our practices change. If we revise the Privacy Policy, we will promptly post a notice describing material changes, and whenever possible we will do so at least thirty days prior to making those changes. Your continued use of the Web site or our services after the posting of changes to these terms, will signal your acceptance of the revised Privacy Policy. We will continue to work hard to increase both your enjoyment of our services and your trust in how we do business and manage those same services.

Scope of our Privacy Policy. Vayulogic’s Privacy Policy is only applicable to our own Web sites, services and practices. Other Web sites that you may access, whether from our site or anywhere else, and other companies or entities with whom you interact will each have their own information collection and use policies and practices. Those policies may be very different from Vayulogic’s, and while we may encourage and even insist that our partners or affiliates follow particular practices, we cannot ensure or promise that they will actually do so. By utilizing our Website or our services, you are acknowledging this practical reality, and are agreeing to Vayulogic’s Privacy Policy and all applicable Terms of Service or Use.

Personally Identifiable Information. "Personally Identifiable Information" is broadly construed to be, simply, information which can identify or is closely associated with individuals. Vayulogic does not attempt to gerrymander or play games with this definition, and we embrace a broader approach. We strive to treat all generally analogous or similar information the same way we do undisputed personally identifiable information. Generic or aggregated information that does not reveal a particular customer's identity is not considered personally identifiable information.

Notice Concerning Children. Vayulogic’s Website content and services are intended for users who are 18 years of age or older. For users between the ages of 13 and 18, Vayulogic requires the permission from that user’s parent or guardian. None of Vayulogic’s content from our Website or services are directed towards or intended for use by children under the age of 13. We are well aware of the particular sensitivity regarding the privacy surrounding children, and Vayulogic will not knowingly engage or provide services to children under 13 years of age. Should we learn or have a reasonable basis to believe that a Vayulogic Website or service user is a child under 13, or a user under 18 who does not have parental permission to use our services, we will promptly suspend such service and remove any related personally identifiable information from our databases concerning that person.

Information Collection and Use. Vayulogic will collect personally identifiable information about you that you voluntarily provide, which we use for the business purposes of providing you and our merchant clients with our services. We collect that information from various sources, including our website, from your use of our mobile messaging services, and also from the merchants, retailers, and organizations with whom you have chosen to engage in a mobile messaging and marketing relationship. We will collect client user identification and password information for access to our protected websites, and may collect information related to your special needs, interests, and preferences, on behalf of our merchant clients, or as you interact with them directly via our services. Vayulogic attempts to prevent the collection or reduce the retention in our databases of particular categories of highly sensitive information, including such items as social security numbers, credit card or merchant credit account numbers, and the like. We expressly prohibit the transmission of such content across our SMS text messaging services, for the specific reason that such communications are inherently insecure by their very nature, and are subject to interception by unauthorized third parties. While Vayulogic has policies prohibiting such practices, we do not generally monitor the content of messaging that travels across our systems and networks, and of course cannot actually control the behaviors and conduct of our clients, mobile users, or partners, affiliates, or service providers.

While you can visit our website without telling us who you are or revealing any information about yourself, we do ask for and collect such information from time to time, such as your name, company, title, telephone number, email or postal address, and other information to enable Vayulogic to assess your needs and provide you with the documents, downloads, or contacts, which you have requested or may find useful about our company, services or mobile marketing in general. We also automatically collect generic information about our visitors, such as a visitor's domain name (such as .com, .edu, .net, etc.), and where you entered our website from. We also track which pages you may visit on our site, and how much time you spends on each page, where you go next, and other behavioral attributes. This information is not currently linked to any personally identifiable information about particular visitors. Vayulogic or our contractors may use "cookies" to track and enhance your use of our site and to track behavior entering, on and leaving our website. Cookies are small encrypted text files containing a unique identifier that is downloaded onto your computer’s hard drive via your web browser (when configured to allow cookies), which is used to enable Vayulogic or its contractors to recognize your computer and browser, and certain information related to prior visits to our Website. We do not currently use “web beacons” or “clear gifs.” Vayulogic uses aggregated non-personally identifiable information to assess and improve our website and services.

Disclosure of Information. Vayulogic uses information collected also to improve our services provided to you, our mobile users, as well as our merchant and organizational clients, such as to administer our service and interactions with them, and to provide appropriate security on our networks (including protecting data storage, providing user logon and password id management, and other administrative tasks). We strive to ensure that all the information which we collect is stored and processed in a secure manner, commensurate with the nature and sensitivity of the personally identifiable information with which we have been entrusted. We will also use any and all information we collect in order to protect our customers, employees, or third parties and property against fraud, theft or abuse. We may also use collected information to conduct industry or consumer surveys and improve our relations with consumers generally.

We do not ever sell, rent, lease or loan personally identifiable information about our users for marketing purposes. We will not disclose individual information we collect to anyone outside of Vayulogic or our contractors (such as our merchant clients or wireless carriers in order to provide our services) unless you specifically authorize it (by opting-in to our service. We may disclose information that we believe is required by law, judicial or legal process, to comply with governmental actions or investigations, or is necessary to protect the safety of customers, employees, third-parties, or property. Of course, information which you voluntarily provide via our services will be disclosed to our merchant or organizational clients with whom you are communicating. Once disclosed, the privacy policies and practices of those merchants or organizational clients will control, so you should carefully review their individual privacy practices and policies as well. Vayulogic also may have employees or contractors in other countries outside the United States, and from time to time uses third party contractors to perform services for Vayulogic or our clients under written contractual agreements which will provide for extensions of Vayulogic’s privacy practices as much as is reasonably possible to such parties. We will disclose such personally identifiable information to them as is needed for them to perform the services for which the information was intended.

In order to run, improve and grow Vayulogic’s business, we may from time to time engage in business transactions to buy or sell portions of our business or company, or assets (including our databases of personally identifiable information). In such transactions, it is both customary and appropriate to disclose, share or transfer the data in our databases with our business partners, but always subject to adequate practical, contractual and legal frameworks and limitations to ensure that the information continues to enjoy equivalent protections during such transactions as it did before, and as it will after. Due to the confidential nature of some kinds of transactions, Vayulogic may be limited in what it can publicly disclose about such activities, but we will update this Privacy Policy as appropriate at our earliest reasonable opportunity.

Security. Vayulogic is committed to using robust security measures to help protect against the loss, theft, abuse or unauthorized modification of any of the personally identifiable information entrusted to us. Without disclosing specifics, we use reliable industry-proven methods to protect sensitive data, including encrypted SSL (secure socket layer) technologies when passing data to or from our secured databases, redundant and hardened state-of-the-art hosting and storage facilities. All of our employees, contractors and suppliers understand the importance of protecting sensitive and personally identifiable information, because we specifically review these issues with them. We foster proactive and creative thinking and actions regarding privacy at all levels of the Vayulogic organization, and encourage continuous improvement across the board. We require both physical and systemic protections, as well as written agreements and company policies to ensure, as much as is reasonably possible, that our clients and mobile users’ data is secure from unauthorized access, misuse or theft. We communicate our expectations that our agents, affiliates, suppliers and contractors also observe our Privacy Principles and help us protect the personally identifiable information entrusted to Vayulogic, and we remind them that we will hold them fully accountable for their actions and inactions regarding the privacy and security of that important data and our clients and users.

Reviewing, Correcting, Opting-Out. We are committed to ensuring that the personally identifiable information about clients and mobile users which Vayulogic collects, uses, discloses and retains is accurate. We try hard to ensure that we correctly manage your information, but sometimes questions or problems arise nevertheless. For those cases, Vayulogic provides several options for you to review, correct or remove data which is maintained in any Vayulogic database. First, you can send either an email or postal mail request at the addresses provided in this Privacy Policy. Vayulogic will review your request and promptly provide you with an initial response, in all cases within thirty days from receipt. You may always opt out of providing any further information by refusing to voluntarily provide any personally identifiable information on our website, by not using our mobile messaging services, or disclosing any further information to any of Vayulogic’s retail, merchant or organizational clients – that will reduce or eliminate the value of the service. You may always opt-out of receiving any further SMS messages from Vayulogic short codes or clients, by replying or texting to our short codes as provided above (that is, by replying with “STOP" or "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive from the appropriate short code from your mobile device.) Once your request is received and processed, you should not receive any additional messages until such time as you manually 'Opt-in' again to the same or another short code.

Special California Privacy Rights. As a California-based business (our headquarters are in the heart of Silicon Valley), Vayulogic is also subject to California Civil Code section 1798.83. We recognize the particular importance that this state has placed on protecting the privacy of its residents, and we support those goals as well. Pursuant to that statue, upon written request, Vayulogic will disclose to its California mobile users (referred to as “customers” in the statute) the identity of any third parties to whom Vayulogic has disclosed "personal information" regarding that user within the immediately preceding calendar year. "Personal information" is defined in the statute to include the user or customer's:

• An individual's name and address
• Electronic mail address
• Age or date of birth
• Names of children
• Electronic mail or other addresses of children
• Number of children
• The age or gender of children
• Height
• Weight
• Race
• Religion
• Occupation
• Telephone number
• Education
• Political party affiliation
• Medical condition
• Drugs, therapies, or medical products or equipment used
• The kind of product the customer purchased, leased, or rented
• Real property purchased, leased, or rented
• The kind of service provided
• Social security number
• Bank account number
• Credit card number
• Debit card number
• Bank or investment account, debit card, or credit card balance.
• Payment history
• Information pertaining to credit worthiness, assets, income, or liabilities

If you are a California resident, you are entitled to make such a request not more than once per year, and may submit your request in writing to:

Privacy Protection Team Vayulogic, Inc. P.O.Box 1638 Palo Alto, CA 94302-1638